Los Angeles daily herald., 1887-08-17
DAILY HERALD.
PERKINS VS.. BALDWIN.
Louise in Her Old Allies
Camp.
SENSATIONAL DEVELOPMENTS.
The Contract of Settlement Now
Claimed to Be Fraudulent.
Miss Perkins in Town.

witnesses yesterday morning, the oc'
casion being the calling of the cele.
brated case of Perkins VS.. Baldwin
At 10 O'Clock the Judge took his seat
on the bench, and Colonel q. Wiley
Wells Immediately took the floor
He read the supplemental answer filed
a short time ago, and which was pub.
lished in the HERALD at the time
He also read the contract entered into
by the plaintiff, Louise J. Perkins
whereby, for a consideration of 800,
she acquitted Baldwin of all liability
for damages alleged to have been sus-
tained by his breach of promise
of marriage. A receipt was read
acknowledging the receipt Of
$4,000 as the sum paid in
settlement of the case. Counsel then
moved that the case be dismissed, as
it had been settled. Hon. S. NJ.
White, of counsel for the plaintiff, OPP
posed the motion, stating that he had
received no notice that the motion
was going to be made. Furthermore,
he said that he was prepared to prove
that the contract was not fairly pro-
cured, and hence the facts would
have to go before Il jury and be de-
cided by them. Referring to the
prayer for dismissal in the supple
mental answer, Mr.. White said that
it was prayer for judgment, and not
for an immediate dismissal.
The Court said that it was clear to
him that, as the counsel for the
plaintiff opposed the motion and de-
MED the validity of the contract, it
would be necessary to have trial to
decide the points.
Upon being pressed by Judge Van
Dyke he continued the case until 2
O'Clock p. NJ, at which time counsel
said he would be prepared to argue
the motion.
At P. NJ the case coming on again
Col. Wells proceeded to argue the
proposition. He proceeded on the
assumption that the attorneys for
Miss Perkins were attempting to carry
on the suit under the assignment OF
the previous judgment, and in spite of
her settlement of the case. The
Colonel argued at great length on
these propositions, citing many
authorities from all the States in sup
port of his views.
During this argument Mr.. White
stated several times that they were
not setting up any claim under the
assignment, but that he was prosecut-
ing for his client. Wells insisted this
could not be SO, as the papers setting
forth the settlement must establish
the fact that the cause was at an end
so far as Miss Perkins is concerned.
Col. Wells closed at 3 o'clock, and
then Judge Van Dyke took up the mat
ter and cited further elaborate opinions
to show that parties had a right to set
tie out of court, and without consult
ing their attorneys; that judgments,
such as this case involves, are not as
signable; that the papers filed, prov
ing on their face that the cause had
been settled, there was no other
course to pursue than that of dis
missal.
The argument taking a wide range
and consuming much time, at 3 :l5
the court excused the jury until 10 A.
NJ. to-day.
Judge Van Dyke proceeded in the
same general line OF argument until
about 3 40. Mr.. White followed, and
said he would not occupy much atten-
ton of the Court He would confine
himself to the statute law of the State
of California as found in the Code of
Civil procedure. He read a section or
two from the code, and referred to the
decision of the Supreme Court in the
case of Rainer.
The legal point involved seemed to
be this: Mr.. White held that the
other side having introduced new
matter into the case, viz, the contract
of settlement, he was not bound to
plead at all in answer to it. The
statute in this case pleads for him a
general denial of all in the new
matter. Colonel Wells tried to
force the hand of the other
side so as to show what particular
point the attack would be made on.
1t finally turned on the question as to
whether the plaintiff was herself fol-
lowing up the prosecution or whether
her attorneys were going on with the
case by virtue of the assignment of the
old Judgment. At length Mr.. White
deemed it advisable to develop his
case so far as to say that he was here
as Miss Perkins agent; that she was
ready to 90 on with the case.
1t transpired that Louise is in the
city, having arrived here yesterday
morning. The plaintiff will now
attempt to prove that the
settlement was obtained under
fraudulent representations made
to her by some person in the interest
of the defense. During one of the
passages of arms between the attor-
news, Mr.. White stated that he had
papers in his possession which would
prove the settlement was procured
by means of fraud so gross that the
perpetrators should be incarerated in
the penetentiary. At an other point
Col. Wells said that if the plaintiffs
attorney had any documents purport-
ing to come from Miss Perkins or from
any one who was authorized to speak
for her, of any such nature such, doc
uments were forgeries.
Miss Perkins came to Los Angeles
or to some point near about Sunday
afternoon, and came into the
city yesterday morning. She is
now here and understood to be
in the camp of her old allies ready to
show that false representations were
made to her; that she signed the con,
tract to settle under the influence OF
these statements. 1t was whispered
that one of the things told her wa'
that her attorneys were ready to sci
her out.
THE COURT.
At 80 Judge O'Melveny began hi
statement of opinion as elected b,
the argument. He said in the maii
as follows: The power OF the assign
ment has nothing to rest on. The
case is pending in the name of the
plaintiff. That law is, however, no